Products containing perfluoroalkyl and polyfluoroalkyl substances; Environmental protection (ICS code(s): 13.020); Domestic safety (ICS code(s): 13.120); Packaging materials and accessories (ICS code(s): 55.040); Products of the textile industry (ICS code(s): 59.080); Materials and articles in contact with foodstuffs (ICS code(s): 67.250); Production in the chemical industry (ICS code(s): 71.020); Products of the chemical industry (ICS code(s): 71.100); Plastics (ICS code(s): 83.080); Furniture (ICS code(s): 97.140); Home textiles. Linen (ICS code(s): 97.160); Miscellaneous domestic and commercial equipment (ICS code(s): 97.180)

"Product" means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including its product components, that is sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products. Product includes packages, packaging components, and food packaging as defined in 32 M.R.S. § 1732 ("Food package" means a package that is designed for direct food contact. "Food package" includes, but is not limited to, a food or beverage product that is contained in a food package or to which a food package is applied, a packaging component of a food package and plastic disposable gloves used in commercial or institutional food service) when sold individually or in bulk and not used in marketing, handling, or protecting a product).

Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)

Maine's PFAS in Products Program's governing statute was recently amended by Public Law 2023, c. 630, an Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances (LD 1537, 131st Legislature, effective 9 August 2024).

The recent legislation eliminates the general notification requirement that was previously scheduled to take effect 1 January 2025. This legislation also created several new sales prohibitions for products with intentionally added PFAS with varying effective dates, created some specific exemptions to the prohibitions, and established a new reporting program for those product categories that receive a Currently Unavoidable Use (CUU) determination from the Department. After this initial, informal outreach process (ending 30 August 2024), Maine's Department of Environmental Protection (DEP) plans to proceed with rulemaking this fall. There will be an opportunity for public comment on a proposed draft rule during the rulemaking process. To keep informed about the rulemaking process, sign up for email notices or visit the Department's rulemaking page at https://www.maine.gov/dep/rules/.

The Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in Products Program has developed new concept draft language to implement the recently amended Title 38, section 1614. The concept draft language is now available for an informal outreach process until 30 August 2024. Interested WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by 4pm Eastern Time on 30 August 2024.